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The Madras High Court in a judgment recently observed that, "if an extramarital relationship of a man causes serious domestic conflict between the spouses, then the husband can be convicted for causing mental cruelty to his wife under Section 498A of the Indian Penal Code and sentenced to imprisonment."

While confirming the conviction of one Nakkeeran, alias Jeroan Pandi by a trial court in Tiruvannamalai district in November 2011, the single bench of Justice D. Bharatha Chakravarthy made the following observation -

“Considering all the factors cumulatively, I hold that the action of the accused in having extramarital relationship which has caused grave mental trauma and affected the mental health of PW1 would certainly amount to cruelty to her under Section 498A of IPC.”

However, the bench reduced the quantum of jail term from two years to six months of rigorous imprisonment,

The convict(husband) had relied on Supreme Court in K.V. Prakash Babu v. State of Karnataka (2016), where the bench had observed that, "extramarital relationship per se would not amount to subjecting wife to mental cruelty, the judge said the verdict must be read in its entirety.

In K.V.Prakash Babu judgment, the top court had noted that, "solely because a person was involved in an extra marital relationship and there was some suspicion in the mind of the wife, it could not be regarded as mental cruelty to attract the offence of abetment of suicide under Section 306 of the IPC."

In the same decision, the Supreme Court had also observed the concept of mental cruelty depends on the social strata of the people involved, their individualistic perception and their level of endurance and sensitivity.

The top court had stated that it would be difficult to generalise but it could be appreciated based on facts of individual case.

Taking into account the factual matrix of the present case, the bench noted that it had been proven through prosecution witnesses that the convict indeed had an extramarital relationship. The police had also produced the birth certificate of a child born out of this relationship.

“Therefore, the court cannot close its eyes to the hard evidence and the facts of this case. The extramarital relationship has caused such an effect on the mental health of PW1 (wife) that it resulted in serious domestic discord, forcing her to leave her matrimonial home,"  observed that bench.

Background - 

The present criminal revision case was filed by the petitioner/accused ,against the Judgment of the Learned Judicial Magistrate, Arani,dated 25.11.2011, thereby convicting him for the offence under Section 498(A) of IPC and imposing  a sentence of two years and fine, even while acquitting the petitioner/accused of the offence under Section 406, 494 and 506(ii) of IPC.,in the case and the conviction and sentence was thereby confirmed by the Learned Sessions Judge,Thiruvannamalai,by Judgment dated 30.01.2014.

On 17.02.2006, petitioner Thamarai Selvi, lodged a complaint,thereby alleging that she got married with the petitioner/accused on 02.03.2000 and after the marriage,the husband was not maintaining a proper relationship with the complainant and always used to hit her and also abused her physically and ill-treated her.

Apart from mentioning specific incidents she also alleged that the accused had committed bigamy and contracted a marriage with one Datchayani after which,he totally neglected her. Hence, the present complaint was filed by the wife.

[Case Title - Nakkeeran@ JeroanPandy v. State ]